People's Republic of China promulgated by Decree No. 583
The urban gas Management Ordinance adopted executive meeting of the State Council on October 19, 2010 the 129th, are hereby promulgated and take effect on March 1, 2011.
Prime Minister Wen Jiabao
The November 19, 2010
City gas regulations
Chapter I General provisions
First in order to strengthen the management of city gas to guarantee gas supplies, preventing and reducing gas accidents, protect citizens ' lives, property and public security, maintaining fuel gas operators and users of the legitimate rights and interests, and promote the healthy development of gas, this Ordinance is enacted.
Second city gas development planning and emergency support, operation and service of gas, gas, gas facilities, gas safety and accident prevention and protection management and related activities governed by this regulation.
The production and import of natural gas, liquefied petroleum gas, gas pipeline outside the city gate station, the use of gas as an industrial raw material, production and use of biogas and straw, these regulations do not apply.
Gas mentioned in these regulations refers to gas for use as fuel and meet certain requirements, including natural gas (CBM), such as liquefied petroleum gas and manufactured gas.
Work should consider the overall planning, the third fuel gas safeguard security, ensure supply, standardizing services, energy-efficient principles.
Fourth people's Governments above the county level shall strengthen leadership of the gas and gas into the national economic and social development plan.
Fifth building departments of the State Council is responsible for the national gas management.
Local people's Governments at or above the county level gas management within the Department responsible for the administration of gas management.
Relevant departments of the people's Governments above the county level in accordance with this Ordinance and the provisions of other relevant laws and regulations, gas management is undertaken in the context of their respective responsibilities.
Sixth the State encourages, supports gas research, science and technology, promote the use of safe, energy-saving, efficient and environmentally-friendly gas technologies, new processes and new products.
Seventh relevant departments of the people's Governments above the county level shall establish and improve safety supervision and management system, popularizing gas laws, regulations, and safety, improving gas safety awareness.
Chapter II gas development planning and emergency support
Article eighth building departments under the State Council shall, jointly with relevant departments of the State Council, according to the national economic and social development planning, land-use planning, urban and rural planning, and energy planning, combined with the balance of the total national gas resources, organization of national development planning and implementation.
Administrative departments of local people's Governments at or above the county level gas shall, jointly with relevant departments, according to the national economic and social development planning, land use planning, urban and rural planning, energy planning and first gas development plan, organized the preparation of the regional development plan, reported to the people's Governments at the corresponding level for approval implementing, and gas management agency of the Government at a higher level for the record.
Nineth gas development plan should include: types of gas gas, gas, gas supply and the size, layout and construction of gas facilities timing, construction of gas facilities, gas facilities scope of protection, gas supply and security safeguard measures, and so on.
Article tenth of local people's Governments at or above the county level shall, in accordance with the gas development plan requirements, increase investment in construction of gas facilities, and encourage social investment in construction of gas facilities.
11th article for new construction, urban renewal, shall, in accordance with the urban and rural planning and development planning, construction of gas facilities or set aside land for construction of gas facilities.
On gas development planning range within of gas facilities construction engineering, urban and rural planning competent sector in law issued location submissions Shi, should on gas facilities construction whether meet gas development planning sought gas management sector of views; not need issued location submissions of, urban and rural planning competent sector in law issued construction with to planning license or village construction planning license Shi, should on gas facilities construction whether meet gas development planning sought gas management sector of views.
After completion of the construction of gas facilities, the construction unit shall shall organize acceptance, and from the date of acceptance in the 15th, final acceptance report gas Management Department.
12th local people's Governments at or above the county level shall establish emergency gas reserve system organization gas emergency, take comprehensive measures to improve the gas emergency support capabilities.
Gas emergency response plan should clearly gas emergency gas sources and types, emergency supplies, emergency handling procedures and contingency measures, and so on.
Administrative departments of local people's Governments at or above the county level gas shall, jointly with relevant departments on gas supply and demand situation monitoring, forecasting and early warning.
13th, acute shortage of gas supply, supply disruptions, emergencies occurred, local people's Governments at or above the county level shall take timely reserves, emergency dispatching emergency measures, gas operators and other relevant units and individuals shall cooperate and assume emergency-related tasks.
Chapter III gas operation and service
14th government investment and construction of gas facilities, should select gas operators through tendering.
Social capital investment and construction of gas facilities, investors can operate on their own, or choosing another gas operators. 15th national licensing system for fuel gas business.
Engaged in business activities of enterprises, subject to the following conditions:
(A) comply with the gas development plan requirements;
(B) is consistent with the national standards of the gas source and gas facilities;
(C) a fixed place of business, improve the safety management system and a sound business plan;
(D) corporate directors, safety-control managers and operation, maintenance and repair personnel professional training and examinations;
(V) other conditions stipulated by laws and regulations.
Comply with the conditions prescribed in the preceding paragraph, issued by the local people's Governments at or above the county level administration of fuel gas sector gas business licenses.
Applicant the fuel gas business licence to the industrial and commercial administrative departments shall carry out registration procedures.
16th against individuals engaged in pipeline gas business activities.
Individuals engaged in bottled gas operations, shall comply with the relevant provinces, autonomous regions and municipalities directly under the regulations.
17th gas dealer shall provide the gas user sustained, stable, secure gas supply to meet the national quality standard, guide the safe use of gas gas users, save gas, and gas safety checks on a regular basis.
Gas operators should be public business processes, service commitments, standards and service information, and provide services in accordance with the national fuel gas service standards.
Article 18th gas operators shall not be any of the following acts:
(A) refuse to municipal gas networks within range meets the conditions for gas units or individual air supply;
(B) sell, mortgage, lease, lend, transfer, alter gas license;
(C) fails to perform the necessary duty arbitrarily stop supplying, adjust the amount of gas, or without the approval of unauthorized suspension of operation or closure;
(D) without business licenses of gas units or individuals for the gas used to operate;
(E) if security conditions do not have places of storage of gas;
(Vi) requires gas users to purchase the specified products or receive the services they provide;
(VII) without permission for non-owned gas bottle filling gas;
(H) the sale of unauthorized filling filling of bottled gas or sell filling unit without authorization for non-owned gas bottle filling of bottled gas;
(I) the fraudulent use of corporate name or logo in the gas business, other service activities.
19th pipe gas operators for the supply within the municipal gas facilities, gas facilities within the construction area owners other than the exclusive parts, assume responsibility for operation, maintenance, repair and renovation.
Gas pipeline operator should be agreed upon in the contract of gas supply, gas, gas users gas facilities corresponding to the unit management responsibility.
20th pipe gas operators caused by the construction, maintenance and other reasons need to temporarily adjust the air supply or the gas supply, jobs should be time zones and 48 hours in advance notice in writing shall be published or gas users, and normal gas supply in a timely manner in accordance with the relevant provisions; gas supply being affected by emergencies, urgent measures should be taken and inform the gas users.
Gas operators out of business, closing, shall prior to the supply of gas users within the scope of normal gas to make proper arrangements, and the 90 working day report to the local gas management, approval to close business.
Article 21st of the following circumstances, gas management measures should be taken to protect gas user's normal use of gas:
(A) temporary pipeline gas operators adjusted supply or the suspension of gas supply was not normal gas supply in a timely manner;
(B) pipe gas operators affected by emergency air supply does not take urgent measures;
(C) the gas operators allowed to go out of business, closing;
(D) gas management departments shall withdraw, revocation, cancellation, revocation, gas business license.
22nd gas operators shall establish and improve the gas quality testing system, ensure the quality of the supply of gas in line with national standards.
Local people's Governments at or above the county level quality supervision, industry and commerce administration, gas management departments shall, in accordance with the duties according to law, strengthen supervision and inspection of gas quality. Article 23rd selling price should be based on the purchased gas costs, operating costs and local economic and social development level reasonably determine and adjust.
Local people's Governments at or above the county level Department in charge of price setting and adjusting gas prices, operators should request for pipe gas users, pipeline gas and the views of interested parties.
24th article through road, and waterway, and railway transport gas of, should comply with legal, and administrative regulations about dangerous goods transport security of provides and state traffic transport sector, and State railway sector of about provides; through road or waterway transport gas of, also should respectively in accordance with about road transport, and waterway transport of legal, and administrative regulations of provides, made dangerous goods road transport license or dangerous goods waterway transport license.
25th gas operators should be on bottled gas delivery service of personnel and vehicles to strengthen management, and assume the corresponding responsibility.
Filling of bottled gas activities shall abide by the laws, administrative regulations and State provisions relating to gas bottle filling.
Article 26th gas operator shall operate, being honest and trustworthy, subject to public supervision.
Gas Association and strengthen industry self-regulation to promote gas operators to improve the quality and level of service.
Fourth chapter of gas used
27th gas users shall abide by the rules of safe use of gas, use qualified gas burning appliances and gas cylinders, the timely replacement of State decrees eliminated or have expired service life of gas burning appliances, connecting tube, and the gas costs paid in accordance with the contract terms.
Units of gas users should also establish and improve the safety management system, strengthen gas safety knowledge and skills for operation and maintenance personnel training.
28th gas users and relevant units and individuals shall not be any of the following acts:
(A) unauthorized operation of gas valves;
(B) the gas pipeline as a weight-bearing frame or earth lead;
(C) the installation, use do not meet air requirements of gas burning appliances;
(D) unauthorized installation, modification, removal of household gas installations and gas metering devices;
(E) in the absence of safe conditions of use, storage of gas;
(F) stealing gas;
(G) change of gas use or turn gas supply.
Article 29th gas users will be entitled to gas charging gas operators, service and other matters queried, gas operators shall from the date of receipt of the requests within 5 business days with a response.
Gas users will be entitled to gas charges, and service to the local people's Governments at or above the county level Department in charge of price complaints, gas management, as well as other relevant departments, the departments concerned shall within 15 working days from the date of receipt of the complaint be dealt with.
Article 30th gas facility within the installation, modification, removal, shall, in accordance with the relevant national engineering construction standard implement operations.
31st gas management should publicize this within the administrative area of the gas type and quality ingredients, and so on.
Gas burning appliances production unit should be on gas burning appliances identify the types of gas to adapt.
32nd of gas burning appliances production units, sales units shall establish or authorize the establishment of service sites, equipped with qualified through examination of gas burning appliances install, maintenance personnel, and is responsible for the installation, maintenance and service after the sale.
Installation and maintenance for gas burning appliances shall comply with the relevant national standards.
Fifth chapter gas facility protection
33rd administrative departments of local people's Governments at or above the county level shall gas shall, in conjunction with urban and rural planning and other departments concerned in accordance with the relevant standards and regulations gas facilities scope of protection, and to the public.
Gas facilities within the scope of protection, prohibit the following activities endanger the safety of gas installations:
(A) the building tied up the underground gas pipeline of buildings, structures or other facilities;
(B) the blasting, ground operations or the use of open flames;
(C) dumping, emission of corrosive substances;
(D) place inflammable and explosive dangerous goods or planting deep roots;
(E) other activities that endanger the safety of gas installations.
Article 34th in gas facilities within the scope of protection, units engaged in laying pipe, pile driving, jacking, mining, drilling and other activities may affect the safety of gas installations, gas facilities should be enacted together with the gas operator protection programmes, and take the appropriate safety precautions.
35th gas operator shall in accordance with the relevant State construction standards and safety management regulations, with gas-fired facilities, anti-corrosion, insulation, lightning, step-down, isolating protection devices and safety, such as warning signs, and regularly carry out inspections, inspection, repair and maintenance to ensure the safe operation of gas facilities.
36th no unit or individual may seize, damage or dismantles or move gas facilities shall not be destroyed, covering, alteration, unauthorized removal or move gas installation safety warning signs.
Any unit and individual discovery is likely to endanger the gas facilities and safety warning sign behavior, right to dissuade, deter and dissuade or stop is not valid, it should immediately notify operators of gas or gas management, work safety supervision and management departments and public security authorities.
37th new construction, expansion, renovation projects, and shall not affect the safety of gas installations.
Before construction starts, and should identify the construction of underground gas pipeline in the context of the relevant circumstances; gas Department and other relevant departments and units should provide relevant information in a timely manner. Construction within the underground gas pipeline and other important gas facilities, the construction unit shall, together with the construction of gas facilities developed with pipeline gas operator protection. Employer, the construction unit shall take appropriate security measures to ensure safe operation of gas facilities; gas should send professionals to carry out on-site guidance.
Otherwise provided by laws and regulations, in accordance with the provisions of relevant laws and regulations.
Article 38th municipal gas utility gas operator changes, should develop options for change, and reported to the local people's Governments at or above the county level gas Management Department for approval.
Options for change should be consistent with the gas development plan, specify the safety requirements, there are security measures for the protection and safeguarding the normal.
Sixth chapter safety accident prevention and treatment
39th gas management shall, jointly with relevant departments to develop gas safety accident emergency plan, establish a gas accident statistic analysis system, regularly informed of handling results.
Gas gas safety accident emergency operators should develop this unit, equipped with emergency personnel and the necessary emergency equipment, supplies, and drills are regularly organized.
40th article of any units or individuals found gas accidents or safety accidents, and so on, should immediately notify operators of gas, or gas management, public security fire control institutions, and other relevant departments and units reported.
41st gas operators shall establish and improve gas security assessment and risk-management systems, finding gas safety accident shall promptly take measures to eliminate hidden dangers.
Gas management sector and other about sector and units should according to their duties, on gas business, and gas using of security status, for supervision check, found gas security accident hidden of, should notification gas operators, and gas user timely take measures elimination hidden; not timely elimination hidden may serious threat public security of, gas management sector and other about sector and units should law take measures, timely organization elimination hidden, units and personal should be tie.
42nd gas safety after the accident, gas operators should immediately start the unit gas safety accident emergency plan, organization of rescue operations and repairs.
Gas safety after the accident, gas management, work safety supervision and management departments and public security fire control institutions, and other relevant departments and units should be consistent with their respective mandates, to take immediate measures to prevent the spreading of the accident and under the circumstances, start gas safety accident emergency plan.
Article 43rd gas safety accident investigation identified as accidents, should identify the reason, clearly defined responsibilities, and be held accountable under the law.
Gas production safety accidents, according to the production safety accident reporting and investigation of laws and administrative regulations of the reporting, investigation and handling.
The seventh chapter legal liability 44th article violation this Ordinance provides, County above place Government and gas management sector and other about sector, not law made administrative license decided or handle approved file of, found violations or received on violations of reported not investigation of, or has other not in accordance with this Ordinance provides perform duties of behavior of, on directly is responsible for of competent personnel and other directly responsibility personnel, law give disposition; directly is responsible for of competent personnel and other directly responsibility personnel of behavior constitute crime of,
Criminal responsibility shall be investigated according to law.
45th in violation of the provisions of this Ordinance, permit engaged in the operation of the gas without gas operation, managed by the gas sector shall be ordered to desist from the illegal act, fines of between 50,000 yuan and 500,000 Yuan; has illegally obtained, confiscation of illegal income constitutes a crime, criminal responsibility shall be investigated according to law.
Violation of the provisions of this Ordinance, gas operators not engaged in gas business activities in accordance with gas business licenses, managed by the gas sector a rectification, fines of between 30,000 yuan and 200,000 Yuan; has illegally obtained, confiscation of illegal income; the circumstances are serious, revoke gas business license constitutes a crime, criminal responsibility shall be investigated according to law.
46th in violation of the provisions of this Ordinance, gas operators have one of the following acts, administered by the gas sector a rectification, fined a maximum of between 100,000 yuan and 10,000 Yuan; has illegally obtained, confiscation of illegal income; the circumstances are serious, gas operated license withdrawn; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) refuse to municipal gas networks within range meets the conditions for gas units or individual air supply;
(B) sell, mortgage, lease, lend, transfer, alter gas license;
(C) fails to perform the necessary duty arbitrarily stop supplying, adjust the amount of gas, or without the approval of unauthorized suspension of operation or closure;
(D) without business licenses of gas units or individuals for the gas used to operate;
(E) in the security conditions do not have places of storage of gas;
(Vi) requires gas users to purchase the specified products or receive the services they provide;
(VII) to gas users gas operators are not sustainable, stable, secure gas supply to meet the national quality standard, or does not provide regular security checks to gas users gas facilities.
47th in violation of the provisions of this Ordinance, without authorization, for non-owned gas bottle filling gas or selling unauthorized filling of bottled gas filling units, in accordance with the State regulations on safety supervision over gas cylinders for punishment.
Violation of the provisions of this Ordinance, sale filling unit without authorization for non-owned gas bottle filling of bottled gas, gas Management Department ordered corrective action and may be fined a maximum of 10,000 yuan.
Violation of the provisions of this Ordinance, fraudulent use of corporate name or logo in the gas business, service activities, in accordance with the legal provisions concerning unfair competition be punished.
48th article violation this Ordinance provides, gas operators not according to national about engineering construction standard and safety management of provides, set gas facilities anti-corrosion, and insulation, and anti-mine, and buck, and isolation, protection device and security warning logo of, or not regularly for inspections, and detection, and maintenance and maintenance of, or not take measures timely elimination gas security accident hidden of, by gas management sector ordered deadline corrected, at 10,000 yuan above 100,000 yuan following fine.
49th in violation of the provisions of this Ordinance, gas users and related entities and individuals of any of the following acts, managed by the gas sector rectification; fails, the unit may be fined a maximum of 100,000 yuan, individuals may be fined a maximum of 1000; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) unauthorized operation of gas valves;
(B) the weight-bearing frame or ground leads on the gas pipeline;
(C) the installation, use do not meet air requirements of gas burning appliances;
(D) unauthorized installation, modification, removal of household gas installations and gas metering installations;
(E) in the absence of safe conditions of use, storage of gas;
(F) change of gas use or turn gas supply;
(G) is not set up after-sales service site or is not equipped with the examination of gas burning appliances installation and maintenance personnel;
(VIII) gas burning appliances installation and maintenance does not comply with the relevant national standards.
Gas theft, in accordance with the law on administrative penalties for public security penalties.
50th in violation of the provisions of this Ordinance, in gas facilities within the scope of protection in one of the following activities, managed by the gas sector shall be ordered to desist from the illegal act, restitution or take other remedial measures of limited duration, the unit shall be fined a maximum of 50,000 yuan and 100,000 Yuan on individuals more than 5000 Yuan and fined a maximum of 50,000 yuan; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) the blasting, ground operations or the use of open flames;
(B) dumping, emission of corrosive substances;
(C) place inflammable or planting deep roots;
(D) not with gas operators to develop gas facilities protection, take the appropriate security measures, laying pipe, pile driving, jacking, mining, drilling and other activities may affect the safety of gas installations.
Violation of the provisions of this Ordinance, in the construction of gas facilities within the scope of protection tie up the underground gas pipeline building, structure or other facility, in accordance with the relevant provisions of laws and administrative regulations on urban and rural planning for punishment.
51st article violation this Ordinance provides, occupation, and damage, and unauthorized demolition, and mobile gas facilities or unauthorized changes municipal gas facilities of, by gas management sector ordered deadline corrected, recovery undisturbed or take other remedy measures, on units at 50,000 yuan above 100,000 yuan following fine, on personal at 5000 Yuan above 50,000 yuan following fine; caused loss of, law bear compensation responsibility; constitute crime of, law held criminal.
Violation of the provisions of this Ordinance, deface, cover, alteration, unauthorized removal or move gas installation safety warning signs, managed by the gas sector a rectification, restitution may be fined a maximum of 5000 Yuan.
52nd article violation this Ordinance provides, construction engineering construction range within has underground gas pipeline, important gas facilities, units not with construction units and pipeline gas operators common developed gas facilities protection programme, or units, and construction units not take corresponding of security protection measures of, by gas management sector ordered corrected, at 10,000 yuan above 100,000 yuan following fine; caused loss of, law bear compensation responsibility; constitute crime of, law held criminal.
The eighth chapter by-laws
53rd meaning of the following terms used in these regulations:
(A) the gas facilities refers to artificial coal gas production plant, gas distribution stations, stations, station, gas station, gas station, filling station, station, regulating stations, municipal gas networks collectively, including the municipal gas utility, within the construction area owners other than the exclusive parts of gas facilities as well as indoor gas facilities.
(B) the gas burning appliances refers to gas-fired fuel burning appliances, including households and commercial users of gas stoves, water heaters, water boiler, central heating, air conditioners and other appliances.
54th rural gas management in the light of the provisions of this Ordinance. 55th article of the regulations come into force on March 1, 2011.
